G.R. No. L-39503 November 19, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LUCRESIO CARDENAS alias Lote, NIDO CARDENAS, and MANUEL CARDENAS, accused-appellants.

FACTS

The accused were charged with Murder for the killing of Nestor Aboabo during a benefit dance. Prosecution evidence established that after a dispute over a dance request, accused Manuel and Nido Cardenas dragged Aboabo outside the dance hall and mauled him. Their co-accused, Lucresio Cardenas, followed and struck Aboabo with a pistol before shooting him, causing fatal injuries. Nido Cardenas admitted the shooting but claimed self-defense, alleging Aboabo first pointed a gun at him.
The trial court convicted all three accused of Murder, sentencing them to reclusion perpetua. They appealed, contesting the finding of conspiracy and the qualifying circumstance of treachery.

ISSUE

Whether conspiracy existed to hold all accused equally liable for Murder, and whether the killing was attended by treachery.

RULING

The Supreme Court modified the judgment. It found no conspiracy. The acts of Manuel and Nido in dragging and mauling the victim did not indicate a preconceived plan to kill; their motive was merely to inflict physical harm. Lucresio’s subsequent intervention was an impulsive act driven by fraternal and paternal instinct upon seeing his relatives in a fight, not pursuant to a conspiracy. Therefore, Manuel and Nido are liable only for slight physical injuries. Having been detained for over eight years, they were ordered released.
However, Lucresio was correctly convicted of Murder. The Court found treachery (alevosia) present in his individual act. After the initial mauling by his relatives, Lucresio approached the victim and shot him with a pistol. The attack was sudden and employed means that ensured the victim, who was already weakened, could not defend himself. The penalty of reclusion perpetua was affirmed for Lucresio alone, who was also ordered to indemnify the victim’s heirs.